Resource Management Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 78A — Combined regional and district documents
78A Combined regional and district documents (1) A local authority may prepare a document that meets the requirements of 2 or more of the following: (a) a regional policy statement: (b) a regional…
Section 79 — Review of policy statements and plans
79 Review of policy statements and plans (1) Every regional council shall commence a full review of its regional policy statement, and each of its regional plans, not later than 10 years after the…
Section 79A — Circumstance when further review required
79A Circumstance when further review required (1) Section 79B applies if, after a foreshore and seabed reserve has been set apart and established under section 43 of the Foreshore and Seabed Act 2004…
Section 79B — Consequence of review under section 79A
79B Consequence of review under section 79A If a regional council, after reviewing a policy statement or plan under section 79A , considers that the policy statement or plan— (a) requires change in…
Section 80 — Local authorities may combine to prepare, etc, plans
80 Local authorities may combine to prepare, etc, plans (1) Two or more territorial authorities may agree to jointly prepare, implement, and administer a combined district plan for the whole or any…
Section 81 — Boundary adjustments
81 Boundary adjustments (1) Where the boundaries of any region or district are altered, and any area comes within the jurisdiction of a different local authority,— (a) The plan or proposed plan that…
Section 82 — Disputes
82 Disputes (1) Subsection (2) applies if there is a dispute about— (a) whether there is an inconsistency between a water conservation order and a regional policy statement or a plan; or (b) whether…
Section 82A — Dispute relating to review under section 79A
82A Dispute relating to review under section 79A (1) This section applies if there is a dispute between a local authority and the board of a foreshore and seabed reserve as to whether a policy…
Section 83 — Procedural requirements deemed to be observed
83 Procedural requirements deemed to be observed A policy statement or plan that is held out by a local authority as being operative shall be deemed to have been prepared and approved in accordance…
Section 84 — Local authorities to observe their own policy statements and plans
84 Local authorities to observe their own policy statements and plans (1) While a policy statement or a plan is operative, the regional council or territorial authority concerned, and every consent…
Section 85 — Compensation not payable in respect of controls on land
85 Compensation not payable in respect of controls on land (1) An interest in land shall be deemed not to be taken or injuriously affected by reason of any provision in a plan unless otherwise…
Section 85A — Plan or proposed plan must not include certain rules
85A Plan or proposed plan must not include certain rules A plan or proposed plan must not include a rule that describes an activity as a permitted activity if that activity will, or is likely to,…
Section 85B — Process to apply if plan or proposed plan does not comply with section 85A
85B Process to apply if plan or proposed plan does not comply with section 85A (1) If the holder of a customary rights order considers that a rule in a plan or proposed plan does not comply with…
Section 86 — Power to acquire land
86 Power to acquire land (1) In addition to any power it may have to acquire land for any public work which it is authorised to undertake, a regional council or territorial authority may, while its…
Section 87 — Types of resource consents
87 Types of resource consents In this Act, the term resource consent means any of the following: (a) A consent to do something that otherwise would contravene section 9 or section 13 (in this Act…
Section 87AA — This Part subject to Part 6A
87AA This Part subject to Part 6A This Part applies subject to Part 6A . Section 87AA was inserted, as from 26 March 2002, by section 7 Resource Management (Aquaculture Moratorium) Amendment Act 2002…
Section 88 — Making an application
88 Making an application (1) A person may apply to the relevant local authority for a resource consent. (2) An application must— (a) be made in the prescribed form and manner; and (b) include, in…
Section 88A — Description of type of activity to remain the same
88A Description of type of activity to remain the same (1) Subsection (1A) applies if— (a) an application for a resource consent has been made under section 88 ; and (b) the type of activity (being…
Section 88B — Processing provisions from which periods described in section 88C are excluded
88B Processing provisions from which periods described in section 88C are excluded The periods described in section 88C(2) , (4) , (6) , (8) , (10) , and (12) must be excluded from the calculation of…
Section 88C — Description of excluded periods
88C Description of excluded periods (1) Subsection (2) applies when— (a) a consent authority has requested an applicant, under section 92(1) , to provide further information; and (b) the applicant…
Section 89 — Applications to territorial authorities for resource consents where land is in the coastal marine area
89 Applications to territorial authorities for resource consents where land is in the coastal marine area (1) Where an application for a subdivision consent is made to a territorial authority and any…
Section 90 — Distribution of application to other authorities
90 Distribution of application to other authorities [Repealed] Subsection (1) was amended, as from 7 July 1993, by section 46(1) Resource Management Amendment Act 1993 (1993 No 65) by omitting the…
Section 91 — Deferral pending application for additional consents
91 Deferral pending application for additional consents (1) A consent authority may determine not to proceed with the notification or hearing of an application for a resource consent if it considers…
Section 92 — Further information, or agreement, may be requested
92 Further information, or agreement, may be requested (1) A consent authority may, at any reasonable time before the hearing of an application for a resource consent or before the decision to grant…
Section 92A — Responses to request
92A Responses to request (1) An applicant who receives a request under section 92(1) must, within 15 working days of the date of the request, take 1 of the following options: (a) provide the…
Section 92B — Responses to notification
92B Responses to notification (1) An applicant who receives a notification under section 92(2)(b) must, within 15 working days of the date of the notification, tell the consent authority in a written…
Section 93 — When public notification of consent applications is required
93 When public notification of consent applications is required (1) A consent authority must notify an application for a resource consent unless— (a) the application is for a controlled activity; or…
Section 94 — When public notification of consent applications is not required
94 When public notification of consent applications is not required (1) If notification is not required under section 93(1) , the consent authority must serve notice of the application on all persons…
Section 94A — Forming opinion as to whether adverse effects are minor or more than minor
94A Forming opinion as to whether adverse effects are minor or more than minor When forming an opinion, for the purpose of section 93 , as to whether the adverse effects of an activity on the…
Section 94B — Forming opinion as to who may be adversely affected
94B Forming opinion as to who may be adversely affected (1) Subsections (2) to (4) apply when a consent authority is forming an opinion, for the purpose of section 94(1) , as to who may be adversely…
Section 94C — Public notification if applicant requests or if special circumstances exist
94C Public notification if applicant requests or if special circumstances exist (1) If an applicant requests, a consent authority must notify an application for a resource consent by— (a) publicly…
Section 94D — When public notification and service requirements may be varied
94D When public notification and service requirements may be varied (1) Despite section 93(1)(a) , a consent authority must notify an application for a resource consent for a controlled activity in…
Section 95 — Time limit for notification
95 Time limit for notification If an application for a resource consent is required to be publicly notified or notice of the application is required to be served on any person, that notice must be…
Section 96 — Making of submissions
96 Making of submissions (1) The following persons may make submissions to a consent authority about an application for a resource consent: (a) if the application is publicly notified in accordance…
Section 97 — Time limit for submissions
97 Time limit for submissions The closing date for serving submissions on a consent authority shall be the 20th working day after public notification under section 93 or service of notice under…
Section 98 — Advice of submissions to applicant
98 Advice of submissions to applicant As soon as reasonably practicable after the closing date for submissions, the consent authority shall provide the applicant with a list of all submissions…
Section 99 — Pre-hearing meetings
99 Pre-hearing meetings (1) A consent authority may invite or require a person who has made an application for a resource consent and some or all of the persons who have made submissions on the…
Section 99A — Mediation
99A Mediation (1) A consent authority may refer to mediation a person who has made an application for a resource consent and some or all of the persons who have made submissions on the application.…
Section 100 — Obligation to hold a hearing
100 Obligation to hold a hearing A hearing need not be held in accordance with this Act in respect of an application for a resource consent unless— (a) The consent authority considers that a hearing…
Section 101 — Hearing date and notice
101 Hearing date and notice (1) If a hearing of an application for a resource consent is to be held, the consent authority shall fix a commencement date and time, and the place, of the hearing. (2)…
Section 102 — Joint hearings by 2 or more consent authorities
102 Joint hearings by 2 or more consent authorities (1) Where applications for resource consents in relation to the same proposal have been made to 2 or more consent authorities, and those consent…
Section 103 — Combined hearings in respect of 2 or more applications
103 Combined hearings in respect of 2 or more applications (1) Where 2 or more applications for resource consents in relation to the same proposal have been made to a consent authority, and that…
Section 104 — Consideration of applications
104 Consideration of applications (1) When considering an application for a resource consent and any submissions received, the consent authority must, subject to Part 2 , have regard to– (a) any…
Section 104A — Determination of applications for controlled activities
104A Determination of applications for controlled activities After considering an application for a resource consent for a controlled activity, a consent authority— (a) must grant the resource…
Section 104B — Determination of applications for discretionary or non-complying activities
104B Determination of applications for discretionary or non-complying activities After considering an application for a resource consent for a discretionary activity or non-complying activity, a…
Section 104C — Particular restrictions for restricted discretionary activities
104C Particular restrictions for restricted discretionary activities When considering an application for a resource consent for a restricted discretionary activity, a consent authority— (a) must…
Section 104D — Particular restrictions for non-complying activities
104D Particular restrictions for non-complying activities (1) Despite any decision made for the purpose of section 93 in relation to minor effects, a consent authority may grant a resource consent…
Section 104E — Applications relating to discharge of greenhouse gases
104E Applications relating to discharge of greenhouse gases When considering an application for a discharge permit or coastal permit to do something that would otherwise contravene section 15 or…
Section 104F — Implementation of national environmental standards
104F Implementation of national environmental standards If a national environmental standard is made to control the effects on climate change of the discharge into air of greenhouse gases, a consent…
Section 105 — Matters relevant to certain applications
105 Matters relevant to certain applications (1) If an application is for a discharge permit or coastal permit to do something that would contravene section 15 or section 15B , the consent authority…